Trademark vs Registered
Understanding the Key Differences
While discussing intellectual property and trademark protection of your company name, there have been two words in vogue: “Trademark” and “Registered Trademark.” They are similar in implication but not as far as both their definition and legal connotation. It becomes necessary to search for the difference between both for individuals and institutions who want protection for their logo, product name, or services. In this article, we’ll explore the key differences between a trademark and a registered trademark, the legal protections each offers, and why registering your trademark is an essential step in brand protection.
What Is a Trademark?
Trademark is any word, symbol, mark, design, or other distinctive characteristic by which the origin of goods or services may be identified and distinguished from the others. Even your company has a joke logo or slogan as a trademark. But trademarks are not legally erected yet to mean anything.
In nearly every country, including the US where it isn’t different, you obtain ownership in a trademark by putting it into commerce. It is a common law mark. You do have rights to the mark by putting your mark into commerce, on product, on ads, or on sites. They put you in a situation where you can stop other people from using the same or the same mark so that it will be confusing for customers.
However, common law trademarks have limitations:
- Geographical limitations: The protection is only valid geographies where the trademark is really being used.
- Limited judicial relief: If you are merely being harassed by someone for some infringement of your common law trademark, judicial relief will be increasingly bothersome to you and especially in other than your home jurisdiction.
While a mark is worth as long as it provides some degree of legal protection, the proprietor cannot protect his or her rights abroad in the home market country where it is located, and thus registration remains the best option for whoever seeks protection abroad.
What Is a Registered Trademark?
A registered trademark is one that has been officially registered with the correct government office. In the United States that would be the United States Patent and Trademark Office (USPTO), but other countries have trademark offices too. Your mark is completely protected by the law of trademark once registered, and the owner can claim sole use of the mark throughout the country (or the world, depending on the country).
A registered trademark has a number of benefits over a common law trademark, including:
- National protection: Your trademark is protected nationwide (or other jurisdiction in which the trademark was registered) once registered.
- Public record: A registered trademark is on public record, and therefore anyone who otherwise would be infringing your trademark can mark the fact that the trademark is legally protected.
- Presumption of ownership: Legal presumption of ownership when you’ve registered the mark, and it’s an easy thing to prove your right in case you ever do find yourself in court.
- Exclusive right of use: You have an exclusive right to use the mark for registered goods and services.
- Greater credibility: Registration is the cause behind greater credibility to the brand and informs consumers of the fact that you are serious about your intellectual property.
- Ability to license or sell the trademark: Trademark can be licensed or sold after registration and thereby company assets.
Key Differences Between Trademark and Registered Trademark
Most important is the comprehension of what the difference between a registered trademark and a trademark implies to any businessperson or entrepreneur who wishes to safeguard his/her brand. Let us elaborate on the differences in greater detail:
| Aspect | Trademark (Common Law) | Registered Trademark |
| Legal Protection | Limited, based on usage in commerce | Full protection under national or international law |
| Geographical Protection | Limited to the area of use | Nationwide (or international) protection |
| Enforcement | Harder to enforce outside local area | Easier to enforce and sue for infringement |
| Cost | Free (no registration required) | Involves filing fees and paperwork |
| Duration | Depends on continued use | Can last indefinitely with proper maintenance |
| Public Notice | No public notice | Listed in public databases, alerting others |
| Presumption of Ownership | Requires proof of use | Legal presumption of ownership |
Why You Should Register Your Trademark
While an unregistered trademark does afford some protection, trademark registration does it so much, so much better. Here are a few of the reasons why you should be serious about trademark registration:
1.Legal Protection
Improved legal protection, i.e., national (or international) rights, less hassle to enforce, is provided by registered trademark.
2. Evading Infringement
Registered.™ is a notice of infringement. It warns infringers that you are prepared and prepared to enforce your trademark, intellectual properties and brand.
3. Less Court Trouble Defense
If you have unknowingly infringed another individual’s registered trademark, the onus of proof of establishing the act of infringement in a court hearing is less since you now have automatic ownership presumed.
4. Brand Value
A registered trademark will make your brand stronger in the sense that it will make your brand distinctive and distinctive and give your brand an identity which can be licensed, merchandised, or even sold to other third parties.
5. Global Protection
If everything is going global in the near future, a registered trademark can get your brand protected globally under the Madrid Protocol and such other similar pacts.
Trademark Registration Process
To trademark, you must do something in procedure. Even though procedure would be little different in every jurisdiction, it’s general procedure how to proceed:
- Trademark Search: Precautionary measure, before applying, you must do proper trademark search such that your proposed mark may get registered and is not owned by any other party.
- File an Application: File your trademark application with the governing government department (USPTO in the USA). Your application can include your address, description of trademark, and description of goods or services on which it would be used.
- Examination: Then, the mark application would be inspected by a trademark examiner to determine if it was valid or not. This would be done to ensure that the trademark would be distinctive and would lead to no confusion among other marks.
- Acceptance and Release: After acceptance of your application, it is published in a paper or government gazette so that some other person can raise objection against the registration, if against his right.
- Registration: Once objection still remains withdrawn or waived, your trademark gets registered and you receive certificate of registration.
How AnalystIP Can Help with Trademark Registration
With AnalystIP expert assistance to lead you through the difficult process of registering a trademark to guard your intellectual property and your brand, no intellectual property remains unfinished. From doing proper trademark searches to getting your trademark application ready and informing you on a regular basis, all your intellectual property is managed by AnalystIP. If you wish to get a trademark registered at the international or domestic level, AnalystIP would assist you in the following manner. AnalystIP hub provides the ease of trademark registration easily, at reasonable prices, and at your convenience without fearing that your company and brand come under protection.
Conclusion
Businesses should realize that a trademark is not equal to registered trademark when intellectual property protection is involved. Common law protection for a trademark will provide some protection, but trademark registration will provide you much greater legal protection, national (or international) protection, and greater enforcement instruments of your brand rights. If you really do want to maintain your brand, registration of the brand is the best you can ever do to achieve future success and protection. Either if you’re just starting out on the scene or dedicated to being a global marketplace, registering with the help of experts such as AnalystIP is the intelligent thing any business can do.
FAQs: Trademark vs Registered
1.) Do I need to register my trademark?
No, you are not registering your trademark to obtain a trademark but it gives more legal rights and protection to the entire world (nation).
2.) Can I use the ™ symbol without registering?
Yes, you may put the symbol ™ on it in expectation of being accorded a trademark, but the symbol is not registered. The symbol cannot be given legal protection in the form of an unregistered trademark.
3.) How long does trademark registration last?
You can own a registered trademark for 10 years but be able to endlessly renew it as long as you just keep on using it often on a commercial level and fill out the renewal forms.
4.) Can a registered trademark be challenged?
Yes, although registered, the trademark can be legally opposed by another person, i.e., opposition or cancellation.
5.)Is international trademark protection available?
In fact, under the Madrid Protocol, your trademark can be registered worldwide in many countries at one time with a single global application.